1. (a) The department shall randomly assign each request for independent review to an independent review organization, and shall notify the utilization review agent and the health insurance carrier, health maintenance organization or managed care entity requesting the independent review, the independent review organization, the patient or a person acting on behalf of the patient, and the provider of record of such assignment.
2. (b) The department shall screen treating physicians, other providers, and payors against the independent review organization. The independent review organization shall screen its physicians and other providers conducting independent review for potential conflicts of interest. The department shall have the discretion to determine whether conflicts exist.
3. (c) Independent review organizations shall be added to the list from which random assignments for independent review are made in order of the date of certification by the department.
4. (d) Random assignment shall be made chronologically from the list of independent review organizations with ultimate assignment to the first in line with no apparent conflicts of interest.
5. (e) An independent review organization assigned an independent review moves the independent review organization to the bottom of the list.
6. (f) Nonselection for presence of conflicts of interest does not move the independent review organization to the bottom of the list. Such independent review organization retains its chronological position until selected for independent review.

Source Note:The provisions of this §12.502 adopted to be effective November 26, 1997, 22 TexReg 11363.